thanks so much for sharing part of your day with us today. i'm gretchen carlson. day two of hearings on obamacare, supreme court deciding on your health care coverage and we're getting some clues on which way the justices might be leaning. it's rare to hear from them. stay tuned on that. >> president obama caught in what looked like a back door deal with the russians saying he'll have more flexibility after his re-election. this morning, he's responding to his open mike incident with a joke but not everybody thinks it's very funny. >> all right. atheists have a new target. your families. >> our family is great without god. our family is great without god. >> why they say no religion brings families closer. "fox & friends" starts just about now. >> good morning, everyone. does somebody have brian's

notes? >> we're going to get them. >> you don't need stinking notes. you got it all right here. three hours right up here. >> you can never use notes. >> by the power vested in me, i think steve centanni is first if i remember the rundown. >> ok. you have such a great memory. it's round two for the historic supreme court battle over obamacare, key issue today, individual mandate and joining us live from the supreme court is steve centanni. big question is can congress force americans to actually buy something, right? >> that's a big question. and that's going to be the big argument here at the u.s. supreme court today. this is the heart of the whole matter. can the commerce clause be used to justify forcing americans to buy health care insurance they might not otherwise want and the nine justices will grapple with that today. as you know, interest has been high. emotions running high. hundreds of people out here yesterday demonstrating pro and against. a lot of people lining up to try to get the few limited seats for the public inside the hearing room to hear the arguments.

and a lot of -- even presidential candidate rick santorum was out here. so a lot of activity outside the court while inside the court, yesterday, they argued a different issue all together and that is whether or not this case falls under the anti-injunction act whereby you can't challenge a tax until you've actually paid the tax and in this case, the tax would be the penalty you pay if you refuse to buy health care insurance. the argument boiled down to, is this a tax or not? let's listen to some of the justices. >> congress has nowhere used the word tax. what it says is penalty. moreover, this is not in the internal revenue code. but for purposes of collection. and to why is this a tax? >> really today, you're arguing that the penalty is not a tax. tomorrow, you're going to be back and you'll be arguing that the penalty is a tax. >> so solicitor general will walk a fine line arguing that

this is not a tax under the anti-injunction act but that the federal government's taxing authority supports the whole idea of this health care law. arguments begin at 10:00 a.m., we'll have two hours of arguments on that individual mandate. back to you guys. >> all right. steve centanni outside the supreme court where even though the other reporter is just about four feet away also doing a report simultaneously, steve, like a laser beam. way to go, sir. >> great concentration. >> very hard to do that. hats off to you. the american people were asked by many different times by many different pollsters, what do you think of obamacare, should it be implemented in 2014 fully? and the cbs "new york times" poll is rather startling. 70% or 2/3 say obamacare should be overturned. >> look at the next number. only a quarter, 26% of the people in the united states think that they should keep the entire law. 7% don't know, don't have an answer as well. >> it's interesting because really the polls have not

changed that much since we started talking about this health care overhaul. it was never that popular in america. and it's interesting if you go back and you look over the timeline of the last two to three years, the numbers have pretty much stayed the same. if you look at any other polls and things that we've been talking about, the numbers are all over the place like presidential candidates and stuff, it's interesting that the pulse of americans have remained on that target. >> you have to wonder what president obama is thinking right now, this is his hallmark. when you talk about passing national health care, something harry truman couldn't do, f.d.r. couldn't do, president roosevelt talked about doing, and now it's on the docket of being destroyed before his eyes but jay carney says the president's mindset is entirely in another place. >> he has not had a great deal of opportunity to review the reports of what's happening in washington or on the supreme court. he's certainly aware of them. and i think that our position is

clear and his position is clear. we feel very confident that the individual responsibility provision within the affordable care act is constitutional. >> of course, they better hope that because that's the whole enchilada and that's what they'll be arguing later today and even though the individual mandate is so widely unpopular, you don't really -- you know, if president obama were republican, you got to figure that the mainstream media would be beating that drum every day. so many people don't like this thing and yet, it could be the law of the land if the supreme court upholds it. sarah palin says look, the president, he's got a lot of friends in the mainstream media. he's protected by them. listen. >> the leftist media which is the dominant media in our society today because they protect president obama, they will try to just dismiss the whole issue of it being deemed unconstitutional by the supreme court if that's the way this ends up. and they'll try to just kind of divert attention from voters and they'll move on to other issues

so it's very important that voters stay focused on the fact that if it is deemed unconstitutional, that president obama who claims to be some constitutional scholar would try to cram down americans' throat this idea that big centralized government would be able to usurp not only the will of the people but constitutional enumerated limited powers of the federal government. voters need to be very careful in watching what the media, the leftist media will try to play them no matter which way the ruling goes. >> the important thing yesterday that you can gleam from the supreme court that looks like they will move forward and make a decision on this case. you know, originally when they went to present yesterday, they could have said we're not going to make any decisions about this until 2015 because that's when the individual mandate actually goes into effect, 2014 meaning they would take it up maybe the next year. it looks now that they actually will make a decision coming late

june. this will have a huge impact on the november election depending on which they go. >> arguments wrap up by wednesday to focus on the mandate. let's look at the scenarios. number one scenario is it's upheld, obamacare moves forward and gets passed for 2014 and fully implemented. at which time, politically that will be a football and center stage and summer and the fall when you have the campaign. number two, it's upheld but the mandate is tossed out. it will most likely double. and the whole thing is destroyed right before the president's eyes which will just be chaos for the administration as they try to defend their last three years. >> that's why on wednesday, they're going to spend 2 1/2 hours of oral arguments at the supreme court trying to figure out the severability. if they do kick the individual mandate out which we showed you, we started with that poll. 70% think at least the mandate should go away, they got to figure out if we take that out, which parts do we leave in place? do we keep the -- you can keep

your kids on your health care until they're 26. what about pre-existing conditions, stuff like that? they will try to figure out how to save the patient. >> we will continue to talk about this throughout the morning. in the meantime, other headlines. defense secretary leon panetta saying the killing of u.s. and nato troops by afghan are sporadic incidents and not a sign that a trend is developing. panetta says the latest attacks that left an american soldier and two british troops dead should not detract from the mission. firefighters in colorado working through the night to try to get the upper hand on a massive wildfire that has left one person dead but 350-mile-per-hour winds are not making things any easier for them. this is the scene in jefferson county just 25 miles west of denver. you can barely see the sky as it's filled with all the heavy smoke. five homes destroyed so far. embers left over from a controlled fire to clear land reportedly sparked this huge fire. tragic ending to the search for a missing mom in vermont. police last night say they

believe they found the body of 33-year-old melissa jenkins. her s.u.v. was found running sunday night. her 2-year-old son was inside unharmed. they don't know if it's an isolated incident and are still searching for possible suspects. jenkins was a popular teacher at a boarding school in new england. just in time for easter, an atheist group releasing a new ad campaign targeting kids. watch this. >> our family is great without god. >> our family is great without god. >> our family is great without god. >> the ads playing during previews at movie theaters and plastered on billboards across the dallas area? the atheists say they're just trying to educate the public. a local reverend suggesting that churches run their own counter ad. and those are your headlines. >> i might have a problem with that being at a movie theater. i might have a problem with that being at a movie theater. i don't know. let me think know what you think

about that. >> especially if you haven't seen "the hunger games" yet. one of the few people that haven't. talk about the g.o.p. race for a second. i don't know if you noticed, there seems to be some tension between the romney camp and santorum camp if you read between the lines. if you see some of the barbs that are going back and forth as late as yesterday. >> sure, exactly and yesterday, rick santorum was talking to cbn's david brody and david said what about vice president if mitt romney, the guy you're constantly beating up asked you to be a vice president, what would you say about that? most people thought absolutely not. no, rick santorum said this. i'm going to do everything i can. i'm out there and the last 10 months, i've had five days off. two for thanksgiving and three for christmas. i've been working every single day. my wife and my kids are busting our tail because we know their future and all of our children's future is at stake in this election.

and i don't want to be the guy who has to sit with my granddaughter, you know, 20 years from now, and tell stories about an america where people once were free. i don't want to have that conversation. >> i'll do whatever is necessary to help our country. >> and he said that all along that he would be the number two. >> and let's face it, there's barbs going both ways and i'm not so sure that romney wouldn't also agree to be vice president if it worked out that way. i mean, it's an honor to be either one and a lot of the people -- >> can you imagine if the -- >> there's no way he would ever be -- no. >> can't possibly after the things that they've said about each other. >> all the mud. can you imagine if the vice president -- >> wait a minute. back up! president obama selected hillary clinton as his secretary of state and we have played their barbs going back and forth. >> but she's not vice president. >> a lot of people thought she should have been. bottom line is i think that people will do whatever it takes to win. and in this case, if it means

coalescing the republican party together with the conservative side that rick santorum represents, you -- yeah, i'd put a $1 bet on that. >> you are in a nonstop ad. president obama goes i'll take the transcripts from rick santorum and use them in my ads. >> and the part where rick santorum says mitt romney is the worst republican regarding obamacare to run, you know that is just not helpful to mr. romney. >> weigh in right now. >> there's a dollar on the line. >> on twitter and say do you really think it's a possibility that they get together? >> that mitt romney would ask rick santorum. >> anything is possible in politics. coming up, we've all been there before stuck in traffic and seriously annoyed. these two drivers take it to a whole new level. wait until you see what happens next. >> that guy is getting squashed. >> president obama telling the russians we're going to work with them on missile defense after he wins re-election and our former pentagon spokesman says that's beyond scary. she reads between the lines next. this is delicious okay...

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>> an open mike moment that may speak volumes for u.s.-russian relations. you have president obama at a nuclear security summit in south korea yesterday raising eyebrows back at home when he was overheard saying this to the russian president for now. >> earlier this morning, the president has been seen joking about the incident during another summit in south korea. here to break it down what it all means is katie mcfarland,

former pentagon spokesperson and hosts a great on-line show here. why are you concerned about this? this is an off the cuff remark. >> that's not an off the cuff remark. if he's saying this to putin, giving the message to putin, he's just campaigned for re-election bashing obama. bashing the united states. if this is what the president says to the russians, what's he saying to the chinese? what's he saying to the iranians? what's he saying to the syrians? you don't go talk about stuff like this in advance of a negotiation. now, why? for a couple of reasons. when you're negotiating with the russians, you don't tell them in advance what you're going to do and give them the good will gesture up front because they don't return that. >> is there an example that? when they talk about resetting the relationship and starting over to gain some trust, we'll take the missile shield out of poland and the czech republic. what was the result of that good will gesture. >> you're absolutely right. two years ago, obama canceled the missile shield in poland and the czech republic supposedly because we were going to get

russian cooperation on stopping iran's nuclear program. what happened? just the opposite. the russian stiffed us at the united nations and refused to do any of the serious sanctions against iran and just a few weeks ago, they stiffed us again at the united nations over sanctions to syria. we gave that golden thing up to them. that missile defense shield. we got nothing back. >> i understand from the polish and czech republic's perspective, they still have not gained -- we have not gained their trust back because they did that without consultation and read about it in the paper and weren't given the heads up. president tried to clarify his off the mike remarks. see if this makes you feel better. >> first of all, are the mikes on? the only way i get this stuff done is if i'm consulting with the pentagon, if i'm consulting with congress and i have bipartisan support and frankly, the current environment is not conducive to those kinds of thoughtful consultations. >> ? i think it's also important to see what we've gotten since then so this is going to be his

approach. you have a solution for how we can be more successful with the russians. act the way you do domestically, chicago-style politics internationally. you know, being hard nosed about it. >> yeah, the thing is the president has the chicago style politics elbows out when he's dealing with congress and then when he's dealing with our adversaries he's mr. nice guy. flip that around. you should be mr. nice guy in dealing at home and then elbows out defending american interests abroad. >> you know what i think is amazing, too, vladimir putin ran as america is imperialism and we're the aggressors and he thought by casting america as the bad guy, he won. we'll never know who won after their election results because they're written a day before. the other thing that's important is are you an ambassador, susan rice, said a couple of weeks ago she's disgusted that russia vetoed their security council condemnation of the way that the syria president assad is murdering his own people. what are we getting for this relationship?

>> we're getting nothing. in fact, we're getting worse than nothing. if you look back historically, where have we gotten the best deals for america negotiating with the russians? where we've been tough and especially over the missile shield. when reagan was willing to walk away from the russians on a missile shield deal because he wouldn't gave up star wars, that's when he came around and caved. >> thanks so much. >> thank you. >> all right. 10 minutes before the bottom of the hour. not sure where you stand on climate change? you have to hear from our next guest. a liberal democrat who went from believer to skeptic and now he says al gore owes everybody an apology. what he knows that you don't, that's coming your way and freedom of speech reserved just for those who side with unions in wisconsin? the school custodian fired for supporting governor walker. [ male announcer ] it's simple physics...

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>> we have some quick headlines for you on this tuesday morning. a custodian in wisconsin fired for supporting scott walker. her boss told her to remove a pro walker sign on her car and she refused. she said the parking lot is filled with bumper stickers asked for walker's recall. g.m. recalling 1.3 million cars worldwide. this affects 5 and 6 series models made between 2003 and 2010. it could prevent the car from starting and could lead to a fire. check it out with your dealer. >> thank you, steve.

leading global warming scientist putting forward a bold claim that large oil companies such as b.p. and exxon are funding climate change skeptics. our next guest says that claim is simply untrue and in fact, it's the other way around. joining me now is the author of the new book "don't sell your coat, surprising truths about climate change" harold ambler. good morning to you. >> good morning, thank you for having me. >> you're welcome. dispel that claim that it's the big oil companies that are funding skeptics like yourself. >> sure. well, oil has funded a few foundations in a very, very limited way. it's not funded me but big oil has funded mainstream climate science at stanford university and other american universities to the tune of a billion dollars plus specifically in 2003, exxon mobile donated $100 million to stanford and that's indicative of the extent to which the alarmists have won the p.r. battle. if they can convince an oil company to give that quantity of

funds to these mainstream climate scientists it lets you know how the game has stood for the last 15, 20 years. >> the interesting thing is you were once on the other side. i think your direct quote is that "i was firmly in the liberal camp when i first began researching climate change but since my disillusionment with the left has been profound." why? >> well, some of it has been the lack of kindness that i've seen from the left towards me since i changed their position. if you're their friend, they're kind and if you're not, they're not. most of it has to do with the science and i had really been alarmed about global warming personally since i took meterology course in the mid 1980's. and i had been following the subject fairly closely for more than 20 years. when i first saw some skeptic scientists' work and started evaluating it myself. overall, it's the science that's

produced the change of heart in myself. >> let's look at some of this science. these are what you call the false climate change theory. mississippi river is flooding nor frequently and forest fires have become larger. what did you find out? >> there hasn't been a dust bowl recently in the united states. if there were, we would have lay at the feet of climate change and global warming. dust bowl was a very serious event and very hot time in the united states in the 1930's. and no, droughts are not mr more numerous as measured nor should there be. when you warm the atmosphere and put more water vapor into it. it's during the ice ages that the desert spread on planet earth. if you look back in the record, the sahara grows rapidly during the ice age period and shrinks when we go into an interglacial such as now. when it comes to forest fires, forest fires, people see every year at the end of the summer,

these terrible images of western forest fires and it is a tragedy in every case. however, the number of forest fires has not increased since the 1920's. it's gone down dramatically. >> a lot of people at least here in america were wondering about this warm winter here. around the world, other parts of the world experienced extremely cold temperatures. we were the hot spot. i got to wrap it up there. harold ambler is the author of the new book "don't sell your coat." thanks for coming on. >> thanks for having me. >> road rage like you've never seen before caught on camera. what led on this biker holding on for dear life? the oil companies aren't getting money from the government? so what is the president talking about? stu varney is on that case this morning. happy birthday, by the way, to mariah carrey, singer is 42. i'm a lobster girl.

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close. >> the president seems to be making a lot of progress. he's away from the fray in washington. time for the headlines. fox news exclusive to tell you about, fast & furious scandal apparently taking its toll on morale at the bureau of alcohol, tobacco and firearms. fox news obtained an a.t.f. memo and said agents don't trust their bosses. only 24% say top brass maintains high integrity. they scored the lowest marks on leadership effectiveness despite high salaries. average pay is $96,000 a year. a lot of them are left twisting. >> new details on vice president dick cheney's new heart after that heart transplant. turns out he was sound asleep when the phone rang after midnight on saturday morning. he was told to come to the hospital immediately because a donor heart was about to become available. an hour later, he was prepping for transplant surgery. 17 hours later, he was recovering. his cardiologist telling fox news he's doing "amazingly

well." >> making money off historic landmarks in baltimore, maryland? they are considering putting historic landmarks like this tower up for sale? the city says the old buildings are not only eyesores but a financial drain. this tower was the tallest in the nation back in 1828 and became a national landmark in the early 1970's. the city says it wants to know how much it's worth to a private developer. i guess that means bulldozer. >> yes. you can call this an extreme case of road rage. check out this guy on a motorcycle trying to squeeze between two cars. apparently the silver s.u.v. won't let them. look at that driver in the s.u.v. slam into the motorcycle and clinging to the windshield. the driver of the s.u.v. loses control of the car and crashes. is this a movie or is this really happening? but it doesn't end there because look, the guy tries to drag the woman out the window as you just saw. the bike rider walks away and the video has gone viral on

line. this will only help it. kooky. >> let's look at the day ahead weatherwise. we have some big mess and show you where it's raining and the answer is up in the northern plains and some snow as well around the great lakes. some shower activity across were of texas and out west as well. now, notice, the eastern third is dry but man, it's cold. feels like winlter even though we're in spring. right now in new york city, it is below freezing as is cleveland and new england as well. currently in the teens. up in the northern plains, we have temperatures in the 40's. 60's from the central plains down along the gulf coast and across much of florida. later on today, on this tuesday, it's going to be absolutely scrumptious along the gulf coast. temperatures in the mid and in some cases upper 80's. 60 today in raleigh. hang on folks in new york, eventually up to 51. look at chicago, minneapolis and also denver, topping out later today at 70 degrees. meanwhile, things heated up with the press yesterday in new york. brian, tim tebow came to town.

>> i didn't even hear this. did you say that? >> they even attacked what kind of suit he had on and his shoes. >> yeah. >> he's got to dress right and that's the first -- >> please! i prefer to see him in the pants that he wears when he plays football. >> i'm sure he'll get a good clothing deal eventual. tim tebow introducing himself as a new member of the new york jets. the jets scheduled a press conference. tebow saying he's very excited to be a jet. he was actually using that word over 40 times. tebow also insisting there won't be any conflicts with starter mark sanchez and hinted he may play other positions. >> however i can help the team and however i can make a difference, however they can use me, i'll be open to it and work as hard as i can every time i step on that field, i will give my whole heart to being the best jet that i can possibly be and helping the jets win football games. >> what a bad attitude, so

self-centered. by the way, he never admitted that he was a backup quarterback. make a buzzer-beater from half court is pretty rare to begin with. but this next shot flat out priceless. watch. it's the oregon third grader. his name is austin worth and he heaves the ball and banks it in. austin couldn't be happier. take another look. you can see putting the strength of his entire body into the shot. plenty of reasons for everybody to be excited like that. he's quit school and going to the nba. i do not back up at all. in third grade, you know everything but times tables that you can pick up in the nba. >> have your agent do that. >> you can home school on the road! >> ok. >> let's talk about gas prices because they've risen nearly 20%. the president's answer is to blame "subsidies" to the oil industry. >> $4 billion in taxpayer subsidies to oil companies this year. we have been subsidizing oil

companies for a century. these oil bring gas prices down tomorrow. >> $4 billion of your tax dollars in subsidies every year. i expect congress to vote on ending the subsidies. >> $4 billion of your tax dollars subsidize the oil industry. a century of subsidies for the oil companies is long enough. >> yesterday, tim tebow said excited a million times and the president just said subsidies a million times. and the senate just voted to consider a bill to end the breaks for those oil producers but are the taxpayers really handing over their hard earning dollars to the industry or is this another government accounting sleight of hand. stuart varney was holding his headuring that. >> the use of the word subsidy is wildly misleading. there's no payment that goes from the treasury to the oil companies. it doesn't work like that. every company in america gets a

tax break when they buy equipment. we want to encoura equipment, expansion and efficiency. it is a deduction. the president calls it a subsidy as if there's money going out of the treasury straight to the oil companies. absolutely not true. >> same thing for all companies and the reason we talk about this is because of gas prices and because oil companies make a big profit. the president is attacking the oil companies because they are very profitable and make a great deal of money. >> play a great deal of taxes. >> right after them and says they should pay more in taxes. that is his solution to rising gas prices. do you think you're going to get lower gas prices because you take an extra $4 billion a year off the oil companies? i'm not sure that's going to work out. >> you know what's amazing you're doing a better job defending the oil companies than the oil companies. why won't they come forward, call a press conference and saying i'm tired of being veil -- vilified. look at how much we're paying and how many we're employing.

>> their spokesperson have come out consistently and said look, oil companies pay about $0.40 on the dollar for every dollar they bring up, they pay $0.40 in tax. a high-tech company like apple maybe pays 20% on the dollar of revenue. they pay a lot less in the technology industry than the oil industry. i think the president has picked a political target in an election year, go after the oil companies because they are unpopular. it is not an answer to rising gas prices which, by the way, went up again overnight. >> if you take away that deduction for those companies, they're going to wind up passing it along to us at the gas pump. >> yes, they are. do you receive a subsidy when you deduct your home mortgage interest? >> no. >> you get a deduction. >> such a great point. it's about the wording and how you end up the favorite things that people want to hear and believe. >> your mortgage interest deduction is an encouragement to get out there and own a home. drilling deductions are encouragement to drill. take them away, less

encouragement and less drilling. >> we encourage you to watch "varney & company" on the fox business network. >> coming up on the show, a new witness coming forward in the trayvon martin shooting backing up george zimmerman's self-defense claims now. brand new details live from florida next. >> debate over health care not really about health at all? judge napolitano who is in good health says it's all about congress keeping power over the people. people meaning us and the supreme court might just make that legal. ♪ [ male announcer ] want your weeds to hit the road? hit 'em, with roundup extended control. one application kills weeds, and stops new ones for up to four months. roundup extended control. for up to four months.

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[ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. >> new allegations from the trayvon martin case possibly backing up george zimmerman's claims of what happened on that saturday night. wofl reporter steve gailbach

joins us from sanford, florida. what's the latest, steve? >> well, brian, these new details are coming out really to back up george zimmerman's version of what happened. we're trying to learn the details of what he says happened, it was actually trayvon martin who was the aggressor in this case. sanford police did reveal it was trayvon who threw the first punch. he went down and according to zimmerman's version of events he was slamming his head into the sidewalk, into the concrete and they say there's physical evidence and witness statements that seem to back that up. we had talked to a witness there in the neighborhood the very next day who was watching this all from his back sliding door. and says it was zimmerman he saw on the bottom. and trayvon who was attacking him on top. he was on the call with 911 dispatchers at the time and heard the gunshot and went back to the window and then he says he saw it was zimmerman standing over the body of the guy he says who was originally on top.

now, we had talked to reverend al sharpton and other activists here yesterday about some of these new details and they say zimmerman should never have been pursuing this teenager in the first place. it was a case of racial profiling. and remember, on the dispatcher's calls to george zimmerman, they told him you don't need to follow this teen, don't need to pursue him but now the investigators here have confirmed that it was zimmerman's version, he says, that he was walking back to his own s.u.v. and it was trayvon that came after him. a lot of different versions here coming out and now finally hearing george zimmerman's version of events but we won't know exactly what happened or what evidence the police have here until the grand jury hears this case. that's not going to happen for another couple of weeks, april 10th. reporting live in sanford, florida, steve gailbach. >> let's change gears and talk to another steve. steve, how do you say your name? doocy? >> it is doocy. i have a judge with me. hearings continue today at the supreme court over the president's controversial health care law.

central argument in this case whether or not it's legal to require americans to buy things, in particular health insurance. joining us right now, the author of "the constitution in exile" judge andrew napolitano. >> steve, good morning. >> all right. so let's start with a preview of what's going to happen later on today. it comes down to whether or not the federal government can compel you to buy something, in this case, insurance and if they can compel you to buy insurance, why not health food or why not electric cars? >> or broccoli. you've really analyzed it nicely. argument was whether or not the case was appropriate to hear, whether it's timely or whether you have to wait for more of the legislation to kick in. the argument tomorrow has to do with whether or not the federal government can force the states to set up insurance exchanges, raise their own taxes and pay for them. the argument today is the one that everyone is interested in. that's the individual mandate. does the constitution authorize the congress to compel you to engage in interstate commerce.

that's the key. interstate commerce. there's a clause in the constitution, the commerce clause that says congress shall regulate interstate commerce, regulate at the time they wrote it and keep it regular. make sure it's flowing. don't let new york tax goods from new jersey and vice versa because that was the problem in those days, the tariffs. congress has taken that phrase "regulate interstate commerce" and used it to regulate everything. from the thickness of the leather in your shoes to the water pressure in the shower in your home. but congress has never before tried to compel people to purchase something against their will. so the court today will hear oral argument on just how far does this commerce clause go? because if congress can make you buy something you don't want to buy, then there's nothing congress can't do. >> and that's the scary part. that's the slippery slope. i've heard analysts on both sides say they're going to uphold it. no, they're going to strike it down. i trust you, what do you think? >> my opinion is they will

strike the individual mandate down. my opinion is its time in history for congress -- >> it's dangerous. if the government can compel you to buy something, you don't necessarily want. >> the whole purpose of the federal government was to limit the congress. and the feds to 16 powers in the constitution. have they exceeded that? they've wildly exceeded it. >> oh, brother. >> time to put them back in that box! that's what i think will happen. >> so stand by for news, of course, we'll have highlights. >> we will be listening to every word they say today. >> it was really fascinating yesterday as well. great to have you this morning. >> good to be with you, steve. thanks. >> thank you, judge. straight ahead on this tuesday morning, weight loss surgery for the cure of diabetes? what? dr. sumadi here this morning with details on that huge medical breakthrough. good morning to you, doctor. and better watch out, what you say, the nation's largest spy center under construction and its first target could be you.

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>> all right. we always hear how it's healthier to cut back on eating red meat. a new study says not so fast gretchen punches me. >> you don't eat red meat. >> for quite a while. >> could giving up steaks and burgers that i love actually give you the red meat blues? now, i know what's wrong with your attitude. >> right. i'm depressed. >> here to explain is dr. david sumadi. you can't find a more uplifting person than brian. what do you think about this study? >> does he look like a depressed guy over there? it doesn't make much sense. exactly this study is observational study.

they looked at 1,000 women and what they said is if you really cut out the red meat, you're more chance of being depressed or have anxiety. on the other hand, if you eat too much red meat, you're going to have the same kind of effect. what they're saying is the right amount of meat that you're going to have is the size of this deck of cards. this is what you need. this is a portion of red meat that you should have. twice a week and you're all set. so there's a narrow window of how much meat you're going to have. i won't take too much out of this study. i think it's just an observational study and we just presented actually about two weeks ago, a very good study that if you're having too much red meat, the risk of dying and death is up by 12%. so what i recommend is moderation is the key. it's -- >> don't have the marbled meat. try to get rid of the fat if you're going to have it. >> absolutely. low fat but ok to have two servings in a week and you'll be set. >> looks like you can't use the depression excuse. >> can't use it anymore. >> let's move on to the next study. this is really important in

america right now with a lot of people battling obesitobesity. it turns that weight loss surgery cuts your blood sugar more than eating a healthy diet. what do you make of it? >> we have a major epidemic in this country. 1/3 of the country is obese that leads to diabetes. so we have a real crisis in this country when it comes to this. in the past, medical treatment vs. surgery has been a big debate and we see a great study in the "new england journal of medicine" even though it's a small series of 150 patients, they compared surgery vs. medical treatment. in the surgical group, they ended up having a much better result with controlling the diabetes. they lost the weight and they were able to bring their sugar level way down which was a great, great findings. does that mean that every obese patient who is listening to program should jump on the surgical wing? absolutely not. you need to talk to your doctor and see if you're a candidate. this surgery, what they call

them minimum cal invasive procedures, narrow down the size of the stomach so you're not going to get as hungry and it's the first step to get you back to be able to exercise. if you have someone who is a very high body mass index, someone who is 300, 400, 500 pounds, you can't possibly ask them to go to the gym and start working out. it affects their joints. it affects their body. it affects their heart. this would be a way to cut down a lot of the weight in preparation for medical treatment. >> change your lifestyle. >> it's a great step and we're fortunate that we have this kind of stuff and it also pushes the insurance companies to really start looking at this as a real therapy. that's a big point. >> very important study. thanks so much. have a great week. >> don't be depressed. >> fire up my grill and get my rectangle worth of meat. thanks a lot. straight ahead, he was deemed disabled. we're talking about a firefighter who gets nearly $100,000 in pension payments every year so how did he just get a job on a rescue team for nascar? >> what? >> all right and better watch what you say.

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>> good morning, everyone. it is tuesday, march 27th. i'm gretchen carlson. thank you so much for spending part of your day with us. day two of hearings on obamacare, the supreme court deciding on the future of your health care coverage. and we're already getting some clues about which way the justices might be leaning and which way you want them to go. >> all right. president obama caught making a deal with the russians this morning? he's joking around about the open mike moment but not everyone is laughing. we'll giggle along. >> plus he's a firefighter on the disabled list collecting $100,000 pension so how did he just get a job on the rescue team for nascar. how does that exactly work out? live from new york, it's "fox & friends" for tuesday.

>> good morning, everyone. big day in washington, d.c. again today with the supreme court taking on the health care issue so just three hours from now, round two begins for obamacare. the key issue today is the individual mandate. and joining us live from the supreme court, steve centanni. good morning. >> good morning. yeah, this is the main event and it's the question everybody has been waiting for and it comes before the high court today and that is that individual mandate. that means can the government under the commerce clause force people to buy health insurance, can the government force people to buy anything? health insurance they may not want. that's part of the president's health care plan and that's going to be heard during two hours of oral arguments today. as you know, demonstrators have been out here all day yesterday. they're expected again today. in fact, the pro health care people are here already. and emotions are running high.

opinions are very strong on this. the administration says invoking the commerce clause and forcing people basically to buy this health care insurance is unreasonable and unnecessary because of the huge economic impact of health care in this country. the republican candidates disagree. let's listen. >> rights should not and cannot be created by a government where days because any time government creates a right, they can take that right away. and they can force you as you've seen with obamacare. >> and what's happening today in washington is an attack on free enterprise. and an attack on economic freedom unlike anything we've ever seen before. >> 26 different states have challenged the health care law. paul clemente will be arguing on their behalf while the solicitor general will be defending the president's position which is that the health care law is

legal and constitutional. the president is in asia right now and had nothing to say about this but his press secretary jay carney did. here's part of what he had to say. >> the affordable care act has not even been fully implemented as you know. as an administration, we're focused on administration. in terms of the court, we're obviously watching with interest. >> 10:00 a.m. here at the court, the individual mandate finally gets a hearing before the nine justices. back to you. >> thank you very much. and reporter ainsley earhardt from the 5:00 a.m. show today. she has viewer e-mails. >> a lot of people. a lot of people are writing in about this. e-mail from rob from connecticut, he says "overturn it. they bartered and they twisted arms to get it passed. they continue to lie to force it down our throats. so much more could have been done if there wasn't so much urgency and importance by a few that wanted to gain glory from its passage." this is an e-mail from kathy. she says my husband retired with

full insurance benefits. due to this law, his company is canceling insurance coverage for retirees. even if you're not old enough to get medicare. my husband and i are not. he's a high risk patient. this is from karen. imagine how much time and money would have been saved if congress would have done their job and read the health care bill before it was passed. sherri says this is not health care reform, it's the way for government to take over another industry in our country, the insurance industry. >> thank you very much. keep those e-mail and tweets coming on in. we'll share some a little later on. >> thanks to all of you who tweeted. >> very nicely done. thank you, ainsley. >> meanwhile, remember this moment that happened yesterday, it was after a meeting with president medvedev of russia, president obama leaned over and this was the exchange. listen.

>> it was actually breaking during our show. because of the time change. this is the first time you got to see what happened. we tried immediately to think about how this could happen, did the president know he had an open mike on. was it deliberate? probably not. he tried to put his hand over the microphone before he actually did some of the talking. but what does it mean for world relations between the united states and russia? a lot of republicans now are saying what's the hidden agenda here? what does he mean when he says after the election he'll be more flexible and have more flexibility to do what? >> after he wins re-election and he said i need more space. tell vladimir putin i need more space before we talk about missile defense. really? we already took it down and have to convince them to put it back up elsewhere. >> listen, just wait. wait until i'm through the selection. remember, it was just three

weeks ago when our president apparently asked the prime minister of israel, benjamin netanyahu, listen, i'll give you those bunker busters but you got to wait until after the election to actually use them, perhaps, on iran. meanwhile, the president tried to put a happy face on things deflecting what was said. listen to this. >> first of all, are the mikes on? the only way i get this stuff done is if i'm consulting with the pentagon, if i'm consulting with congress. if i've got bipartisan support and frankly, the current environment is not conducive to those kinds of thoughtful consultations. >> he's talking about congress. the fact that the house is run by the republicans and so it's hard to get anything done if you're the president and you're a democrat. he went on to say i want to reduce our nuclear stockpiles and one of the barriers to doing that is building trust and cooperation around missile defense issues. he said he said this before so

it should come as no surprise he was caught on camera saying i'll have more flexibility after the election. he says that's what he wanted to do all along. >> yeah, but why is he sharing a secret moment with the president of russia and not the american people? and why -- what deal does he think that would be so damaging to his re-election that he's got to, you know, he's got to wait and so if it's damaging to his re-election, i read some pundits who said that can't be good for our national security. >> newt gingrich was on with sean hannity last night and heard about this moment. no one questions his knowledge of international relations. here's what he thinks. >> my interpretation of an american president telling a russian president about our missile defense clearly indicates he's going to sell out our defense system as soon as he gets re-elected which would fit his whole policy of weakness and appeasement but pretty sobering to realize how cynical and calculated his process is. >> meanwhile, he's the same guy, vladimir putin is getting

the message from the president who said the u.s. was behind the protest in the streets of russia prior to the election. they saw how it was organized from a server in california. what kind of relationship do we have and why do we keep giving in? >> john mccain was on his smartphone yesterday and twittered this. president obama tells medvedev he'll be more flexible on missile defense. that's a real etch-a-sketch leader. >> why didn't we invest in etch-a-sketch two weeks ago? i put all my money in slinky. >> how about rock em, sock em robots? >> that was fun. as long as you glued the head down. >> that's called cheating! let's do some of the rest of your headlines. we learned the video of the shocking murder of rabbi and school children by a french gunman was sent to al jazeera. it appeared that he was filming the killing. mareh was killed by police after

a 30-hour stand-off. al jazeera says it's given the video to police and it's not known if the video was sent before or after he was killed. police hoping for good news in the disappearance of a missing mom in vermont getting tragic news now. police have found a body and they believe it is her. jenkins' s.u.v. was found running sunday night. her 2-year-old son was inside. luckily he was unharmed. authorities are searching for possible suspects. she was a popular science teacher at a boarding school. firefighters in colorado waiting for sunrise now to see if calmer winds will allow air tankers to battle a massive wildfire that has left one person dead so far. this is the scene. this is jefferson county 25 miles west of denver. you can barely see the sky in this video. it's filled with all of the heavy smoke. five homes have been destroyed. embers left over from a controlled fire that was trying to clear land reportedly sparked this massive wildfire. take a close look at this video

and you can make out the outline of a man in this mud. that's right. a man in georgia lost his footing near a construction site and became stuck. a terrifying experience for him and firefighters who worked for an hour to try to pull him out. luckily, his injuries are not life threatening and those are your headlines this morning. >> since it's not life threatening, you could joke that in a spa, that would cost a lot of money. >> could be. could be. >> glad that worked out for that guy. >> all right, 10 minutes after the hour. coming up straight ahead, reporters say so long to newt gingrich abandoning his presidential campaign will newt now consider dropping out? what he's saying this morning because his press posse has been decreased. >> there they go. and her state is the leading challenger against barack obama care. florida attorney general was at the supreme court yesterday where the justices may have given a little clue to which way they're leaning. she joins us next.

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>> today will be another historic day at the supreme court. today, the justices will hear oral arguments on whether or not obamacare violates the constitution by requiring that individuals buy insurance. or pay a penalty. >> so there are 26 attorneys general challenging president obama's health care law and our next guest is one of them. she actually started it all, i think. pam bondi is florida's attorney general and joins us live from washington, d.c. this morning. good morning to you, pam. >> good morning. >> florida was integral in getting the ball rolling in taking on obamacare. you were inside the court yesterday? what was that like? what did you learn? >> i was.

i was sitting at the counsel table who is arguing the case for the state. he was absolutely brilliant. i felt very confident and i felt that the justices asked very thoughtful, very intelligent questions and i'm confident that they do not believe this is a tax which means it's good for the states which means that the anti-injunction act would not kick in and would not prevent us from going forward with our lawsuit until all of this craziness is implemented. >> right. and the thing about the individual mandate which would require people to either buy insurance or pay a fine is if the federal government can compel you to buy insurance because they feel it's in your best interest, what's to stop the government from saying ok, we think you should buy an electric car because that's better for the environment or we're going to compel you to buy health food because we think you'll live longer. >> there is absolutely nothing that can keep them from doing that if they are allowed to do this.

and that's why this case is so very, very important to every single one of us because it's about so much more than health care. just like you said, if they can do that, there will be absolutely no limits on the federal government. >> here's a little of what went on yesterday as the debate went on whether this whole case should go on until this thing is implemented in 2014. listen. >> congress has nowhere used the word tax. what it says is penalty. moreover, this is not in the internal revenue code. but for purposes of selection. and so why is this a tax? >> today, you're arguing that the penalty is not a tax. tomorrow, you're going to be back and you'll be arguing that the penalty is a tax. >> how does he get around that? because he was speaking, justice alito was speaking about the solicitor general who is arguing

for obamacare. how will he get around that argument today of no tax and then yes, it is a tax. >> he's basically going to have to argue in the alternative and i can tell you the prosecutor for 20 years, you lose a little credibility when you argue that way. of course, yesterday, they had to say it wasn't a tax because our president has been all over the tv. the budget director has been in front of congress saying it's not a tax. now, today, they're going to have to argue it's a tax because the only way that they can argue that this mandate is constitutional, they have two ways is one, under the commerce clause and as we just discussed, we're not participating in commerce. we're just sitting here and they're trying to force us to purchase a product. simply by being alive and the second way is they have the power under the taxing authority. so it's going to be very interesting. my guess today is they're going to try to take the focus away from the constitutionality and focus on health care policy.

and that's not what this is about. this is about an unconstitutional overreach by the federal government. >> and in particular, you're talking about the individual mandate whereas i would imagine there are certain parts of the obamacare bill that you like. you probably like the fact of pre-existing conditions and you probably like that you can keep your kids on your health care family party until they get a job at 26, things like that, right? >> we all know we need health care reform. i don't think any of us are disputing that. but this isn't the way to do it. and, you know, what we're going to argue tomorrow is the severability issue as well as the medicaid expansion and you know, where they're forcing us, they're saying hey, states, hey, florida, if you don't participate in this program, we are pulling every single penny of your medicaid funding and those are hard earned tax dollars to they're coercing us into participating in this program as well. and that's not how you pass a health care bill. >> that's not how you do it.

>> just 2,000 pages. >> i can't imagine how many thousands of pages you had to read and study to get ready for this supreme court appearance. we'll touch base with you again and wait to hear what they decide. >> as you go back to the courtroom, we're going to move straight ahead. he was deemed to say a firefighter retired of an annual pension nearly $100,000 a year. how is he now working on a rescue team for nascar? >> yeah, i want to hear that. and the details are unseling. a massive secret spy center is about to open in the united states. one problem, our next guest says the center could be setting sights on you. ok, guys-- what's next ?

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>> all right. now news by the numbers. first $95,000. that's how much per year that retired new york city firefighter is reportly collecting in disability pension while working in the emergency crew at nascar races. next, zero. that's how many embedded print reporters g.o.p. presidential candidate newt gingrich is left with. his last reporter just pulled out. and finally $353 million, that's it is jackpot right now for mega millions tied for the fourth largest in history and has a lot of people hoping for a little bit of luck. gretch? >> thank you, brian. the federal government is in the process of building a massive center to spy and track all americans? w well that is a claim from a reporter in "wired" magazine saying the new security center in utah will "intercept,

decipher and analyze vast swabs of the world's communications flowing through its servers. with the complete content of e-mails and google searches as well as all sorts of personal data." joining me now with more on the frightening reporter is judy miller. you say -- why is this so important? >> it takes us to a new realm of intelligence collection, collection on individuals, on our spending patterns and on our habits and i think that the reason that the mainstream media has not been able to kind of wrap our collective minds around it is it's really technically difficult to understand. i mean, the pentagon is storing information in a whole new way and now it's being stored in something called the cloud. which means that who has access to this huge virtual data base

is crucial and yet we're just at the beginning stages of understanding how this kind of information should be safeguarded, who should have access to it. and who is going to supervise the people collecting the information. >> why? why are they -- you know, in the commercial break, i was saying to you is this because of 9/11 and then the patriot act? >> yes. >> it is? so you and i are allegedly not terrorists. >> that's right. >> would they be interested in collecting information about us? >> look, not us specifically. but if someone in pakistan has a cutout who is in contact with a seemingly innocent american who is actually part of a terrorist network or cell, that's the kind of connection that the u.s. government wants to be able to make. in order to protect us, that's legitimate. the issue is, how long can they store information about americans, innocent americans that is being collected. who is going to supervise the

people doing the collecting? and what do the american people have a right to know about how our taxpayer dollars are being spent for this kind of spying and surveillance. >> who is in charge of the national security administration? who is giving the a-ok, the green light to doing this. >> well, the president of the united states. and when, you know, an earlier round of this occurred under the bush administration, the program was called the total information awareness program. and congress got hysterical and said this is a violation of individual liberties and you can't do this. you can't collect this information and store it. and they abolished it. and then as data collection itself became so much more sophistica sophisticated, i think congress basically threw in the towel and said ok, we're going to let the intelligence communities worry about this but here's what worries me, gretchen, this program was discussed by keith alexander who is the head of the nsa, and as he was asked about this data collection program once in a hearing and he said

no, no, no, we're not doing it and he was never asked to explain exactly what are we doing? and when are the american people going to learn about this? this is a $2 billion center. jim banford is a controversial reporter but on the nsa, he is not usually wrong and almost everything that he's written has turned out in this area to be right. >> all right. the nsa is denying the allegations and in a statement to "fox & friends", "many allegations have been made about the planned activities of the utah data center. what it will be is a state of the art facility designed to support the intelligence community's efforts to further strengthen and protect the nation." i guess that's what they have to say. >> yes. and they have denied programs before they've actually been conducting so once again, a little bit of skepticism is always, always wise. >> all right. thanks, judy miller for giving us the insights on it. coming up on "fox & friends", real food for thought. two new studies show you may want to trade in your fruit for popcorn and chocolate? i might like that study.

and can republicans bury the hatchet and team up in the race for the white house? rick santorum answers that question next. plus he switched from republicans, democrats to cast the deciding vote on obama care. former senator arlen specter says he has buyer's remorse. he's here to explain the details of his brand new book. ♪ when your chain of supply goes from here to shanghai, that's logistics. ♪ ♪ chips from here, boards from there track it all through the air, that's logistics. ♪ ♪ clearing customs like that hurry up no time flat that's logistics. ♪ ♪ all new technology ups brings to me,

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>> all right. your shot of the morning has been chosen. here we go. three baby bald eagles are born in iowa. yes, these little guys are hungry, as you can see, mom and dad worked quickly to feed them. worm is the preference. the babies hatched over the weekend. i should have called you, i know. thousands of people logged on to watch the eaglets on the alcoa bald eagle cam. >> very nice. >> they're going to grow up to fly, according to wild kingdom, mutual of omaha's wild kingdom. >> and protected the entire life by the federal government. >> until recently. >> we did a story a couple of weeks ago about how they were allowed to kill them. >> they are no longer on the endangered species but there is a federal statute that keeps you from shooting them. except that indian tribe is going to get two of them. meanwhile, about 2/3 of democratic members who lost their seats in 2010 during

midterms voted for part of obamacare. and it's sure to be a big role again this november. so who is at risk? our own doug lazader is live in washington with a look at five key states. good morning. >> good morning, guys. you know for all of the mystery surrounding supreme court deliberations, these things don't exactly happen in a vacuum and the fallout here could go well beyond just the nation's health care system. you take a look at the protesters outside the court. some of them have been here since last week. it's rare that a supreme court decision or case gets this kind of attention and it's important to remember those people are not just protesters, they're voters and plenty of voters this year may have something to say about what the court decides. "roll call" magazine put together a list of five senate and house races in five states where this could be critical. first up here, massachusetts, republican senator scott brown vs. democrat elizabeth warren, very closely watched race.

it's a state that has a health insurance mandate and the court's decision could factor in. next up, missouri. senator claire mccaskel already facing a tough battle for re-election. she's had to defend her support of the health care law and in wisconsin, congresswoman tammy baldwin is hoping to win a senate seat this year. we don't know who her republican opponent will be. her position on health care was left of the white house. she was pushing for a single payer system. now, switching over quickly to the house, there are two races that "roll call" identified as possibly being impacted by this decision. in new york, the democrat vs. republican ann marie, this is a rematch after mathey was already ousted once after voting for the health care law and in pennsylvania, a very strange matchup between two democrats who both oppose the law but in different ways. and those are really just a handful of the specific races, the parties as a whole are expected to use any decision from the court as fodder for

fundraising as we get closer and closer to november. back to you guys. >> all right, interesting breakdown. thanks very much, doug, see you again soon. >> all right. guess what? mitt romney has not picked a running mate even though he seems to be the inevitable nominee especially with california, utah and new york about to fall in this category. the one lone threat seems to be senator rick santorum but senator rick santorum has been brutal in attacking mitt romney. recently saying obamacare makes him the worst republican to run against president -- romney care makes him the worst republican to run against president obama. that's why many are surprised that he said this when it came to possibly being the number two. >> i'm doing everything i can. i'm out there, you know, in the last 10 months, i've had five days off. two for thanksgiving and three for christmas. i mean, i've been working every single day, my wife, my kids, we're busting our tail because we know their future and all of our children's future is at stake in this election.

and i don't want to be the guy who has to sit with my granddaughter, you know, 20 years from now and tell stories about an america where people once were free. i don't want to have that conversation. i'll do whatever is necessary to help our country. >> and -- >> he was asked if he would be willing to be mitt romney's vice president. i don't think it's that surprising, guys. i mean, the my political scenario is never won that you can predict very well especially in this election cycle and one minute they're attacking each other and both have done it and the next minute, they would maybe be a good running team together. we've seen sillier things happen. >> this is one of the quotes that may come back to haunt them. republicans are against thinking about nominating another bland and boring candidate for president, mitt romney. sorry, sir. >> and the problem is because so much -- >> joe biden said obama was not ready to be president when they were both running for president. >> good point. santorum also says he has the establishment behind him and all the "wind at his back" yet he can't close the deal.

winning ohio and michigan by just the skin of his teeth. >> you know what? it's all those soundbites that the barack obama team, you can just count on will put together in the form of a commercial and say, can you trust mitt romney as president of the united states? well, rick santorum couldn't even trust him. >> i remember bush 41 said voodoo economics on president reagan's economic plan. but it never got that bitter, it never got so personal. >> all right. let us know what you think about it. will they actually team up or is the relationship scarred for life? >> yeah, all right. meanwhile, more headlines and the parents of trayvon martin heading to capitol hill to attend a forum on racial profiling and hate crimes. their 17-year-old son shot to death by neighborhood watch volunteer george zimmerman. zimmerman's friend defended his actions on hannity last night insisting that he acted in self-defense. >> i do know george zimmerman and i know he's not a racist and

i know what he's told me. and i know what the evidence is. and until the evidence comes out, we're not going to be able to start turning the corner. >> well, mr. zimmerman recently told police that martin knocked him out that february night and left him bloodied and battered. >> all right. after numerous attempts to change a controversial documentary's r ratings, the weinstein company will release the movie "bully" without one at all. >> you are making someone feel so uncomfortable. >> that means it's up to individual theaters to decide who to admit into the movie. the battle between the studio and the motion picture association of america made headlines after a 17-year-old girl started an on-line petition in hopes of changing the rating to pg-13 because they want to get this message out to kids. >> she was a guest on our show. that may be good news if you want the kids to see the real truth about bullying. sounds too good to be true. eating chocolate every day could

make you slimmer? a new survey from the university of california san diego found that those who ate chocolate more frequently had a lower body mass index. this is good news. researchers suspect that the antioxidants may boost metabolism and help offset the calories. speaking of antioxidants, did you know there are more in popcorn than in fruits and veggies? the only problem is that they're found in the hull, that's the part that gets stuck between your teeth. >> everybody knows that. >> when that happens, you guys, and you use floss, swallow the hull. that's the moral of this story. >> swallow the floss. >> right. >> it should come with floss. by the way, steve, would you mind -- i'll read the sports. i wonder what you're doing. would you guys mind having popcorn? >> this tastes like orville redenbacher. >> i'm a jify pop guy through and through. tebow mania is under way. >> have i lost weight yet? >> enough of the hull. you're driving later. >> you're a hull of a guy.

>> thank you. >> i'm so thankful that they wanted me and i'm so excited about meeting my teammates. >> couldn't have handled it better. he said he was excited over 40 times at the news conference. so was the media. media events introduce backup quarterbacks are pretty rare. ok, they never happen. scores of reporters showed up because he's tim tebow. he down played a controversy with mark sanchez saying he'll do whatever he can to help them win. you would never know that the giants are super bowl champs. >> he's a hull of a backup. >> since you're not going to eat any. >> pass it on. >> all right, meanwhile, 20 minutes before the top of the hour on this popcorn tuesday. while millions of new college graduates struggle to find jobs, graduates of trade schools are getting recruited even before they graduate. coming up next, the trade school that has 100% job placement and so much more. >> plus -- >> remember these contentious

town halls on health care? after former senator arlen specter switched sides. >> we divide up the bill. we have to make judgments very fast. we give about -- he took a lot of heat for going from republican to democrat and cast the deciding vote on obamacare. arlen specter standing by to talk about why he's got buyer's remorse. >> i think he has a book. eat good fats. avoid bad. don't go over 2000... 1200 calories a day. carbs are bad. carbs are good. the story keeps changing. so i'm not listening... to anyone but myself. i know better nutrition when i see it: great grains. great grains cereal starts whole and stays whole.

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here's one story. pain doesn't have much of a place in my life. i checked the schedule and it's not on it. [ laughs ] you never know when advil® is needed. well most people only know one side of my life. they see me on stage and they think that that is who i am.

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promised to support him. when it came down to needing his help for re-election, specter says the president totally abandoned him. that's all in his new book that is excellent called "life among the cannibals". joining us right now is arlen specter. welcome back. >> thank you. nice to be here. >> first off, on the debate in health care right now, in the supreme court, with your great legal background, where do you think this is heading if you had to make a judgment -- >> well, two phases. one is i think the law is constitutional as a legitimate exercise of congress' power under the commerce clause. secondly, we have a very ideological court. they're really more a political court than a legalistic court. and the tilt is against the law because of the five idealogues have come up with citizens united, same court that elected bush by one vote so i think legislation is in trouble. >> right. now, let's talk about the 2012

election. the one thing that you've made clear in other interviews is that you have not -- you're not going to support rick santorum. > >> absolutely not. i know him too well. >> yet he supported you. >> i supported him when he ran for the senate. i think he was decisive in 1994, putting my entire campaign apparatus behind him when he was in trouble in august. but his views are too extreme when pennsylvanians really understood him after he had been in office for two terms, he was rejected by a very large margin. >> in your book, you talk about the tough decision. your entire career, fascinating life that you've lived and the service that you've given, but you talk about your tough decision to switch from democrat -- from republican to democrat. senator biden had been working on you for years. do you regret that decision now? >> i do not. the tough decision i had to make was to support the stimulus package. and i did that because i thought if we didn't, we'd have a depression.

i lived through a depression as a kid in the 30's. lived in wichita. my family had to move to philadelphia. they moved in with my father and sister. >> that's true. you went through it. but you also said you wanted hearings on it to find out where the money is going to go, the infrastructure. you were against giving all this money to states to go pay their bills. >> well, i sure was. but we faced a very tough situation. when president bush came forward with his bailout package a few months earlier, the house rejected it. the market fell 700 points so obama came in and said we have to have it now. i looked at the situation. i tried to get hearings. i tried to say regular order. there wasn't time without running too much risk. >> without you, it's safe to say there would be no health care passed because they needed your vote and without you, there will be would stimulus package. >> i think both are true. >> right. >> and you have no regrets about either one of those. >> i don't. but let me tell you about my book, may i? >> which is all in your book.

>> yeah. but this book "life among the cannibals" tells the story behind the scenes about what's going on in washington today with the extremists taking charge. >> you say it happened in 1978, really when republicans started leaving moderates out. >> yeah, but it didn't get bad really awful until 2010 when cannibals were in operation. a cannibal is somebody who eats his young. >> club for growth? >> club for growth. tea party. >> you hate both those organization? >> i don't hate anybody. i have public policy positions that i'm trying to get the public to understand. a senator like bob bennett with a 93% conservative rating gets beaten because he's not pure enough. a great senator like joe lieberman can't win a democratic primary and this book goes behind the scenes. and -- >> it really does. >> and we have an answer in the experience -- let me just tell you about senator makowski.

>> i have 20 seconds left. president obama, good job or bad job right now? >> well, i'm not thrilled with what he's doing in afghanistan or the tax cuts extended for the rich. but the election is a comparative matter. i'm no longer a senator. i'm a citizen and i'm going to look at the candidates and make an independent decision. >> and all these great stories are in there and another thing is beyond reproach, you're one of the toughest guys in this world. you've beaten two brain tumors, heart surgery, hodgkin's disease twice and still going strong playing squash today. it's all in your book. thanks so much for coming by. we'll talk a little bit more on radio a little bit later. >> ok,>> thank you very much. "life among the cannibals" excellent book. it sounds too good to be true. a school with 100% guarantee of getting you a job. it's true and you're about to see the proof but first on this day in history 1912, the first cherry blossom tree, a gift from japan are planted in washington. whatever happened to them? and in 1965 "stop in the name of love" i hum this every day by

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>> and the director of

manufacturing technology at the daily college, ray pendergast, ray and bake, good morning to both of you. >> hi there. >> good morning. >> ray, let's start with you. i understand while a lot of graduates from regular college are struggling to find jobs, you are having pretty much 100% placement of graduates at your trade school. why is that? e>> because there's a huge demand for skills in manufacturing. it's not that it's easy for people to get jobs in manufacturing, it's easy for people with skills. we -- especially on a digital skill side, people need all the old traditional mechanical skills but on top of that, they need to be able to program logic controllers, strong digital skills combined with the traditional mechanical skills means a lot of opportunity for people. >> well, it sounds technical. and baker, i understand you had already graduated from a college. you had a degree and what happened?

>> well, long story short, i was bound for finance and there had been a lot of problems in that sector recently so i decided to move into manufacturing. hence, i began at city college of chicago, and got my technical degree there. >> all right. and you were offered -- you wound up with three job offers before graduation. what are you doing now? >> right now? i'm an industrial maintenance technician at a fastener plating and sorting company. >> very good. that sounds technical. what does that mean? >> that means whenever anything happens in the factory, the machinery, me and several other guys on the maintenance team, we go and repair it. >> i got you. there are a lot of people looking in right now. you're here to tell us it's possible for somebody to make $100,000 a year if you graduate from trade school. what sort of opportunities are out there? >> opportunities are there for jobs in factory automation.

it's still often called maintenance mechanic but it's really dealing with automated systems in factories. machinists in production, people that run computerized machine tools. particularly if you want to make $100,000, you need to learn how to program those machines. and quality assurance technicians, people that not only conduct precision measurements but also help lead teams that conduct the continuous improvement that makes american manufacturing competitive. >> gotcha. this is a real eye opener and a lot of people are looking for jobs. maybe they should think about trade schools, nine months and guaranteed job when you graduate. baker and ray, thank you very much for joining us today from chicago, illinois. good luck to you. >> thank you. >> thank you. >> you bet. terrific. all right, about four minutes before the top of the hour. proud moment for a championship shooter turns into a total blunder. the borat theme plays instead of her national anthem. >> are you kidding?

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>> gretchen: good morning, everyone. it's tuesday, march 27. i'm gretchen carlson. thanks for sharing your day with us. it's day two in the historic supreme court battle over obamacare. we're getting clues about which way the justices might be leaning. we'll reveal it. >> steve: plus, by now you probably heard all about the president's embarrassing open mic moment in seoul, caught playing let's make a deal with the russians. laura ingraham has a few things to say about that. she joins us moments away. >> brian: all right. it should have been a proud moment for this championship shooter. so why does she look so upset? because that's not her national anthem playing. >> gretchen: oh, oh,. >> brian: wait until you hear what went over the speaker and what is going over the speaker.

"fox & friends" starts now. >> gretchen: good morning, everyone. we'll reveal what was behind that national anthem. it's one word person who is usually funny. >> steve: cher? >> brian: steve, you were not here. gretchen and i that interviewed him in one of the most unique interviews in the history of our careers. >> gretchen: the funniest time i think for me on "fox & friends." >> brian: it was the only sexist person that came on here and made you laugh. >> gretchen: other than sitting next to you every day. >> brian: right. that's true. >> gretchen: you're jest sexist. >> brian: yes. i jest. >> gretchen: i think we should read the headlines. let's move on right now. firefighters in colorado waiting for sunrise now to see if calmer winds will allow air tankers to the bale a massive wild fire

that left one person dead. this is the scene in jefferson county, 25 miles west of denver. you can barely ski the sky. it's all filled with the heavy smoke. five homes have been destroyed. embers left over from a controlled fire to clear land reportedly sparked this blaze. a tragic ending to the search for a missing mom in vermont. police last night said that they believe they have found the body of 33-year-old melissa jenkins. her suv was found running sunday night. her two-year-old son was inside unharmed. police so far have only said the death is suspicious and can't say if it is an isolated incident. she was a popular teacher at a boarding school. a fox news exclusive to tell you about. the fast and furious scandal apparently taking its toll on morale at the t.a.b.c. we obtained a memo and it revealed agents don't trust their bosses. 44% of atf employees say top brass maintains high standards

of honesty and integrity they scored some of the lowest marks on effectiveness, despite high salaries. the average pay is $96,000 a year. movie character borat may get a kick out of this one, but someone who definitely wasn't laughing, championship shooter from kazakhstan. take a listen. ♪ >> gretchen: in case you're wondering, that's not kazakhstan's national anthem. during the awards ceremony in kuwait, that is the borat anthem. the medal winner looks completely stunned. officials say it was all just a big mistake. they did the ceremony over with the real national anthem. of course, the character borat is from kazakhstan. wait a minute. that was not a stunt for like one of his movies coming up? they just happened to have the

borat national anthem in their archives? and they pull it out -- >> brian: it might have been mislabeled 'cause what you do is get thissing music on-line on itunes. >> gretchen: are you kidding me? >> brian: this new movie has nothing to do with that character. >> steve: that's right. that would be like the day of a big game, they play the people song from animal house. >> brian: she was the shooting champ. >> steve: laura ingraham joins us live from our nation's capitol. good morning to you. >> hey, guys. >> steve: let's start, we're not going to talk barat. let's talk supreme court. just not too far from where you're sitting, it will be day two. they're going to consider the individual mandate. interestingly enough, cbs and "new york times" have got this poll out that must kill them 'cause almost 70% of americans don't like the health care and think at least the individual mandate should be overturned. >> you know what i love about

this? is right after the historic signing by the president, remember when he gave away all of those historic pens he signed it with? all the people who helped get it passed? well, he said after that that people would soon begin to appreciate this affordable health care act as much as he did. he started doing a tour of the executive departments and so forth, talking about it. he had that little child with him and did the tour. now two years later, it turns out that people have learned a little bit more about it, seen what ultimately it will cost now that the cbo projected what it will cost and they don't like it. it was this amazing sale, you will like it, you will like it. no, we don't like it. we don't blake the cauliflower that our parents wanted us to eat. but we're supposed to swallow it. but we don't think obamacare is good for us and it's much to the consternation to this administration. >> gretchen: you know what i think is so amazing is that in this election cycle, we have looked at so many polls

regarding the candidates and they've been all over the place. one day you're at 3ers, the next at 53%. but these polls for the last three years have pretty much stayed the same about health care. people don't like it. are you surprised that they've been pretty even? >> i'm not surprised actually because it's this recoiling that we all instinctively do and the government says you must purchase something or else. it's really a counterintuitive for many americans. we want to live our lives. we think government can do a few basic things for us, but they're really bad at doing big tasks, like these big social issues. they're not good at it. i think people have seen what they've done with the stimulus. i watched the interview with arlen specter, the cannibal, we think we're being cannibalized, senator specter, the people feel like they are. so i think that's where the people are.

>> brian: he also said it's the most political round. it's a -- >> i'd ask him, why did you vote to confirm every sipple conservative justice on the supreme court if they're such idealogues? you didn't know anything about them? that was a weak point. >> brian: the president thinks he'll win another four years in office. he says three times over the last month that he expects to win reelection. he was caught this time telling president medvedev. listen. >> brian: he also said he needed some space on missile defense. what do you think about this? is this just one of these offcolor moments or should be analyzed? >> i guess you didn't hear what happened this morning. the president said when he was

referring to flexibility, it was just a new iteration of michelle's let's move campaign. it's a yoga thing. and mr. medvedev, they're totally into yoga and pilates. >> gretchen: he did try to laugh it off. did he make a joke about it. listen to this. >> first of all, is the mic on? the only way i get this stuff done is if i'm consulting with pentagon, if i'm consulting with congress, if i got bipartisan support and frankly the current environment is not conducive to those kinds of thoughtful consultations. >> steve: so that's where the white house would like to have it end, right there. yeah, i'm going to make a little joke. but here is the thing, laura, with the main stream media, they're going to take this and a bunch of the rips are trying -- republicans are saying he's

saying i'll cave on missile defense. >> what we have to do always in these circumstances is remember what happened in the lead-up up to health care. remember the closed door meeting, health care companies, he needed to line up all the support. all the stuff is done behind closed doors. they meet with lobbyists not in the white house because they're not going to do lobbyists in the white house, but they meet with them across the street at caribou coffee or something. so the idea that this administration was going to be transparent. we were going to turn a page from the bush administration is all a big farce. imagine if george bush were caught off mic saying something to tony blair about, well, tony, we're going to work on the whole iran thing examine taking out the nuclear sites after the election because this thing is rough right now. so give me some space. the left would be going nuts. they'd be demand to go know what other little deals or what other little offmic conversations are selling out american national security or making big changes in american military policy.

it's an outrage! >> brian: this is an opportunity, if a gop candidate really thinks they'll be president, this is a legitimate issue they should bring up today. >> 100%. >> brian: i want to marry what they would do different, what their greatest concern is. >> what else do they talk about behind closed doors that affect the lives of every single american that we should know about today? because he seems very comfortable discussing it with medvedev who don't forget, the russians are helping the iranians right now build their own missile defense in iran. i mean, so the fact that he says, don't worry, i'll tell vladimir about what you're going to say. >> gretchen: maybe the american vote, want to know about the hidden agenda. let's talk about the black panthers. they're getting involved in this situation in florida with the killing of trayvon martin and they apparently are offering a a reward for george zimmerman, the shooter's head. they want him dead or alive.

should the feds now investigate the black panthers, laura? >> well, there could be potential civil rights claims involved here and there is a fine line. it's kind of a blurry line between free speech and incitement of violence. look, we've just come off this period where the left goes on the attack against rush limbaugh for making a comment about a woman that he apologizes for. they want to drive him off air, go after his advertisers. meanwhile, you have these people who show up at these rallies who are basically calling for unlawful attacks or killings or capture of an individual who has not yet been charged with anything and there is a collective yawn from the left. imagine if a white radical group asks for a bounty on the head of a black man who hadn't been accused of a crime. what do you think jesse jackson and al sharpton would be saying

then? >> gretchen: especially since they're offering money. they're offer ago bounty. >> what does that mean? what exactly does that mean? why does the left remain utterly silent when a man has not been accused of anything yet and not been charged with anything is basically has his own life put in jeopardy by a radical organization that feels free to show up at these rallies and also menace people at the polls. remember what they did in philadelphia in 2008. eric holder is not going to investigate the black panthers. he wouldn't investigate them when they were on videotape menacing people coming to the polls. >> steve: i think a football team got in trouble for a bounty last week. >> exactly. suspension at least. >> steve: we thank you very much. have a great rest of the week. we'll see you next week. >> thank you. >> brian: coming up, we move ahead in the final hour today. who do you think should play the role of nancy reagan in an upcoming movie? you won't believe who hollywood producers have chosen. >> gretchen: judges and journalists supposed to play

fair. not so in wisconsin. they're backing the effort to boot governor scott walker out of office. they signed the pledge.

>> steve: you've heard about wisconsin governor scott walker facing a recall for his decision for ending collective bargaining with the unions. now disturbing new information about who is behind the recall effort. a lot of reporters and judges. wisconsin state senate majority leader scott fitzgerald joins us and is also facing a recall. good morning to you, sir. >> good morning. good to be with you. >> steve: and i understand that you took a look at some of the recall sheets that were filed

against you, you were surprised to see one of your pals who is a reporter in your neck of the woods signed it. he wants you out of a job. >> yeah. it was kind of surprising. he had a local newspaper reporter that i've known for a number of years that had signed the first sheet in my recall and yeah. i think it did raise some questions about what is the role of journalists in this very political process that we're in the middle of. >> steve: but it's not just the one guy who signed the recall against you. we told folks yesterday the story of at least two dozen reporters for ginnett newspapers in wisconsin signed the recall sheets against the governor of with us i scott walker. what does that say about the objectivity of all of those reporters who are working for ginnett? >> i think it confirms this built in bias that many of us have suspected journalists of for years, especially when it's

related to kind of conservative politics. i think it's disappointing and some of the editors and publishers throughout the state have been apologizing and actually talking about additional training for some of these journalists to kind of get a handle on this. >> steve: right. we understand apparently some of their editors are going to be involved in -- they're going to discipline some of the reporters because the reporters didn't see a problem with it and neither did 29 judges in your state judiciary. they also signed. they don't see a single problem with it. but you do, don't you? >> yes. that's separate issue. when judges are prohibited from engaging in political activity by statute in wisconsin, that's kind of a clear violation and i think there is going to be some complaints filed with the wisconsin judicial commission so that they can review the actions of these judges. i think that's a whole different

level of bias that many citizens are really questioning when as many as 29 judges' names popped up on the recall list. >> steve: so you've got to wonder going forward, you know, have these judges and the journalists essentially disqualified themselves from reporting or judging anything involving scott walker or guys like you on the republican side. >> yeah. i think it's one of those things where it's kind of a discussion that started to emerge in the state as to how are these elected officials, judges supposed to handle themselves in this arena. >> steve: we'll be watching, see what happens. scott fitzgerald joining us from madison, wisconsin. thank you very much. >> thanks, steve. >> steve: it is now 19 minutes after the top of the hour. remember last year a cheating scandal rocked the atlanta school district? now it is spreading across the country. we've got details. then hold on to your wallet, charlie.

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the largest class size in the nation. 47th out of 50 in per-student funding. but right now, we can make history with a ballot measure to send every k-through-12 dollar straight to our schools. to every school and every child. not to sacramento. it's the only initiative that can say all that. check out our online calculator and find out how your school would benefit. visit ourchildrenourfuture2012.com today. >> brian: quick headlines. the man accused of killing five people last week in san francisco should have actually been deported in 2006. he was ordered deported to vietnam after serving time for robbery and assault, but he was allowed back because his native country did not want him. bobby brown in trouble with the law. the ex-husband of the late whitney houston spent some time in the slammer after getting

arrested for dui. he reportedly failed four sobriety tests. i thought one was enough. gretch? >> gretchen: last year we told you about a widespread cheating scandal in atlanta where educators were doctoring scores on standardized tests. the problem is bigger than you think. the atlanta journal constitution reports the epidemic is spreading. test mishaps have been found in over 200 of the largest school districts, like houston, dallas, memphis and los angeles. that's being done? joining me is terry greer, the superintendent of houston, the largest school system in texas. good morning. >> good to see you. how are you? >> gretchen: that's why you're the superintendent. what's going on in houston? the cheating now has come to your town. has it been there for some time?

what's happening? >> back in 2005, houston went through its own smaller version of a cheating scandal. since then, we really have tightened up. we've implemented a lot of test security protocols, teachers can no longer test their own students. the testing room where we store the booklets, we have video surveillance cameras in those rooms. the principal and one teacher from each school have the keys. still it occurs. >> gretchen: you've had 31 cases that you know about. you have fired 21 of these educators. when i listen to you say the protocol that you've had to go through to try and stop this cheating, it makes me sad. why are teachers cheating? >> a lot of people like to really blame it on the no child left behind legislation and all the accountability and the mandated tests. i personally don't believe tests and accountability make teachers cheat. quite simply, i believe it's an

ethics issue. i think cheaters cheat, plain and simple. when teachers help students, they're really hurting them. they're hurting their future. we just don't think it's excusable and we won't tolerate it. >> gretchen: because when you look at some of these years, like in 2005, the scores for the students fell a lot in five dozen classes in 38 schools after a newspaper there suggested that there was test tampering. then you look at 2011, three quarters of houston teachers earned performance-based bonuses and the scores rose improbably. does it have to do with pay performance then? >> again, we don't think so. again, i think it's an issue of plain and simple an issue of ethics. our teachers, number one, the performance bonuses are earning, i don't think it's money to cause someone to cheat. the other issue, when you look at this and look at it deeply, we have some questions about the

constitution's methodology. they didn't take into account mobility. 17 of the schools they flagged are gifted and talented, our highest performing students. we're not going to deny the cheating because we've caught people and we're going to fire people. we've really ratcheted up the protocol. again, i think it just really comes down to the ethics of the people involved. >> gretchen: the interesting thing that that study found was that there was more cheating going on in the charter schools where many people would argue kids are getting a better education. so that was an interesting finding. i want to ask you this: how do they cheat? what do they do? >> it's kind of fascinating, there's a variety of things that have happened. we have caught teachers cheating, other teachers reported it. we also have found students and parents come in and say that mrs. jones or teacher x helped me during the exam. we've gone back and investigated. this is an expensive process. we had 31 alleged test violations or cheating, if you will, reported to us.

we investigated 21 of those cases and we found nine schools where we as you said earlier, dismissed 21 teachers. it cost $1.2 million because we do third party external investigations, unlike atlanta. atlanta did all of their investigations internally. we said no. this is serious. we're going to turn this over to third party outside experts. we want it done correctly. we've had some teachers before we implemented test protocol, got copies of the test brochures and shared those answers with students. so we've had a variety of different ways. a teacher during a test would walk by and tap a kid on the shoulder and say, you may need to relook at question number 3. >> gretchen: lots of ways of doing it. but in the end, it cheats the kids. that's the bottom line. super terry grier, thank you for joining us. best of luck. >> thank you for having me. >> gretchen: coming up on "fox & friends," you better watch what you say. the nation's largest spy center is under construction now and

its first target could be you? who should play the role of nancy reagan? how about jane fonda? lots of similarities there, not ok, guys-- what's next ?

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>> president obama yesterday saidhat north korea is in a time warp that missed 50 years in progress. north korea denied the accusation in a strongly worded telegraph. [ laughter ] dit, dit, dit, dit, dit. >> steve: a nice comic. >> brian: they're in a big summit now. >> gretchen: they're finally getting along? >> brian: right, yes. we're 90 minutes away from round two of the historic supreme court battle over obamacare. the key issue today is it, it's the individual mandate. joining us live from the supreme court, steve centanni. >> good morning. the central issue of this whole debate comes before the nine supreme court justices today. that is the individual mandate part of the health care law.

now, as you know, demonstrators have been out here for the last couple of days. we can look at some of them now. huge pro-health care law demonstration is underway right out here. these demonstrators at the moment seem to be outnumbering the anti-health care law people, but this is how it's going to be all day long as the justices here, two hours of arguments and whether the commerce clause of the constitution can be used to compel people to buy health insurance they may not otherwise want. the white house says it's reasonable way to regulate a health system with a major impact on the national economy, while opponents say it's government overreach that threatens our liberties. those who failed to buy insurance would be assessed a penalty and yesterday's argument focused on whether that fee is a tax, which according to the anti-injunction act, cannot be challenged in court until the fee is actually paid. that won't happen until 2015. here are two of the justices hearing the arguments yesterday.

>> congress is nowhere used the word tax. what it says is penalty. moreover, this is not in the internal revenue code but for purposes of collection. and so why is this a tax? >> today you're arguing that the penalty is not a tax. tomorrow you're going to be back and you'll be arguing that the penalty is a tax. >> as justice aledo pointed out, the justice will be walking a fine line. that will be getting underway at 10:00 o'clock. back to you. >> steve: look at that. steve centanni, as soon as you conclude, they give you a huge ovation. >> exactly. >> brian: what else is new? >> exactly. >> brian: live audience for reporters now. where do we get the budget? >> gretchen: i was trying to give think information. this is about the next topic.

>> steve: notice steve centanni, during the interview, he got a huge ovation. >> gretchen: here is all our cards and i finally found it and it fell on the ground and it's about this. the national security administration or agency is building the country's biggest spy center. it will be in bluffdale, i believe it is, utah. it's 18 months away from now, they're spending a whole bunch of money on it. some people are concerned that they're starting to collect all this information on regular folks as well as maybe potential terrorists and that it could be a problem with our privacy and whether or not they're collecting too much stuff. >> steve: yeah. exactly what is this particular place going to do? it's going to be to give you an idea of the scale, this particular facility will be five times the size of the u.s. capitol. so in that great big complex what, are they going to be spying on? judy miller, who was with us earlier, says there are a whole bunch of questions that need some answers.

we probably won't get them. >> the issue is how long can they store information about americans, innocent americans that is being collected? who is going to supervise the people doing the collecting? what do the american people have a right to know about how our taxpayer dollars are being spent for this kind of spying and surveillance? >> steve: we don't really have an idea of how much this thing costs or how much we spend on spying. >> brian: we got to get to the bottom of it because in the magazine -- by the way, judith was really alarmed by this, not a big fan of the reporter in particular, but this story is alarming, says that they grilled the nsa director general, keith alexander and he denied it. so i mean, is there a building there or not? >> steve: they're building something out there. >> gretchen: this article was in wired magazine, the nsa responded now to thele. here is what they said. what it will be is a state of

the art facility designed to support the intelligence communities' efforts. we are not going to dissect any particular news story. i think judy's point was sometimes when you're dealing with these kind of secret agencies, she believes sometimes reporters don't ask questions because it's secret and she feels like maybe more questions should be asked about what they're collecting. >> brian: reporters should be asking secret questions in a whisper. between us. >> steve: okay. >> gretchen: let's not say that in a whisper. brand-new video is out of south korea, just a short time ago, president obama boarding air force one for washington, d.c he spent the last few days in south korea for a summit focusing on north korea's plans to launch a satellite. the plans are being called a cover for long-range missile testing of nuclear weapons. north korea refuting the criticism. >> brian: new details on dick cheney's heart transplant. he was sound asleep when the phone rang after midnight on saturday morning. he was told to come to the

hospital immediately because a donor heart was about to become available. an hour later, he was prepping for transplant surgery. 17 hours later, recovering. his cardiologist tells fox news, quote, he's doing amazingly well. >> steve: that's good news. bad news now for democratic congressman charlie rangel. now paying up for using a rent stabilized department as a campaign office. oh, you can't do that. the "new york post" reports he's agreed to pay $23,000 to the federal election commission for breaking the law. the sec ruled rangel signed the rental deal with full knowledge it was a rent stabilized apartment. as you know, he was censured in 2010 after an ethics panel in the house found him guilty of 11 violations. >> gretchen: a recent hollywood casting raising eyebrows this morning. liberal activist jane fonda cast to play the role of first lady nancy reagan in the upcoming

film "the butler." the movie follows the life of white house butler eugene allen who spent 34 years working there. forest wit at the is in talks to play that part. maybe the only similarity is the hair, kind of. >> steve: hanoi jane playing nancy? >> brian: i guess she's more of a supporting actress in this. >> steve: i think the star is the butler. >> brian: as it was in the munsters. mr. belvidere. >> steve: we go back to free association news. >> brian: who was the butler when they rang -- the adams family. the munsters did not have a butler. they had marilyn. she was not much of a looker. not at all. >> steve: let's take a look at today's daytime highs. here in new york city after a very chilly tuesday morning, it's going to wind up being about 51 out at the airport.

60 in the raleigh-durham area. 70s along dixieland and along the gulf coast. temperatures today in the 80s. northern plains, 70s. out west for you folks already up, 54 degrees later today in the coffee capital of seattle. that's your fox travelcast. >> gretchen: we were reminisce to go who had it. >> brian: cousin it. a lot of body parts. >> gretchen: the person who gets the role of thing doesn't have a future. >> brian: coming up, he enrolled in college at the age of eight. he earned his first of two degrees at the age of 11. now at 14, he is set to graduate from college. but don't call him a genius. he says anyone can do it. he'll explain. >> gretchen: the supreme court justice is about to form radical surgery on obamacare. peter johnson, jr. up with your prescription for truth today, we stand against the tyranny of meager travelards.

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>> steve: welcome back. the parents of trayvon martin, the unarmed teen-ager shot to death last month, are in washington, d.c. today for a public hearing on racial profile ing. reporter melanie is live at the capitol with more. good morning, melanie. >> good morning, steve. trayvon martin's parents arguing in dc along with their attorney, they will be met with the members of the congressional black caucus. around midday, they may view a community march and rally held at the justice department. around 3:00 o'clock, they will be the guests of representative

sheila jackson lee, democrat from texas. she is hold ago briefing on racial profiling for the democratic members of the house judiciary committee. jackson lee and other members of congress do believe the federal government has jurisdiction, may be able to step into the trayvon martin case if florida authorities do not act. trayvon martin's parents will not be speaking at that briefing, but their attorney will testify, along with members of the aclu, the department of justice, and the brady campaign to prevent gun violence. they really want to take a look also at what resources the justice department might have if and when this trayvon martin case comes to a close, if there is any more community outrage, they want to be prepared for that. also on the senate side, we understand that senator charles schumer of new york has sent a letter to attorney general eric holder, the justice department. he's asking for an investigation into these stand your ground laws that are in florida and 22

other states. he says these laws in some cases may actually perpetuate violence instead of prevent it. steve, back to you. >> brian: you're look outside, protests outside the supreme court this morning. hearings continue for president obama's new healthcare law. the stakes are high as the justices will be tasked with deciding the law's constitutionality. joining us now from california today with his take, fox news legal analyst, peter johnson, jr. peter, today is all about the mandate. what are you going to be looking for from the legal perspective to listen to see who has got the upper hand? >> from a legal perspective, we're going to hear arguments by the government that this is a lawful use of the commerce clause of the constitution, meaning the united states government can regulate commerce. the opponents of obamacare say the exact opposite. this is not about commerce. this is about regulating

inactivity. that this is forcing regular americans, 30 million more americans, to enter into a contract with an insurance company to purchase insurance. the first time ever that the united states government has demanded that an american buy a product or buy a service. they say it's unconstitutional. it's a violation of the commerce clause. it's a violation of the necessary proper clause. so most americans are against obamacare and they're saying today this is the people's court at the united states supreme court. and for all the talk that we hear about the constitution from pundits like me, from other americans, today is the actual day where the constitution means something. we will hear robust argument on both sides as to whether or not the individual mandate is constitutional. >> brian: we know 47% of the country disapproves of obamacare and 67% want the mandate repealed. peter, we just had senator arlen specter on and he said look,

this is a political supreme court justice. this is not really going to be decided by the arguments. it will be decided on political ground. are you as cynical as he? >> no. senator specter should know better. he's an experienced attorney, experienced d.a. i don't believe it's political. i don't believe that it should be political. these are the people with whom we have confidence in the united states. we have lost many -- many of us lost confidence institutionally in the white house and in congress. the supreme court just recently showed on the religious liberty issue unanimously that they intend to uphold the constitution. this will be a close vote. i believe the individual mandate will be invalidated. the rest of obamacare, preexisting conditions will stand. >> brian: they're going to release audio. i can't wait to get your take on that tomorrow. peter johnson, jr. thanks. >> thank you. >> gretchen: state ahead, he enrolled at college at eight and earned first of two degrees at 11. but he claims anyone can do it and he'll hair the secret with you next. first, let's check in with bill

hemmer. he likes when i call him a genius. >> i think that young man is incredibly bright and intelligent. do you believe when he said that and one can do this? >> brian: by the end of the segment, you'll be a believer. >> good morning to you. no keystone, no problem. that's with a two companies say. details on their plan that is brand spanking new. michelle bachmann is here live. round two of the supreme court. senator ron johnson was inside yesterday. he's going back today. before he does, we'll talk to him live. does the new information on the trayvon martin matter change the story? we'll debate it with mar me and me coming up -- martha and me coming up in ten minutes on "america's newsroom"

>> brian: you're about to meet a real life doogie houser. at the age of eight, he enrolled

in college and graduated in three years. now at the age of 14, he's about to graduate from ucla. >> gretchen: two colleges already? think your kid can achieve what he has? he says all they have to do is put their mind to it. >> steve: joining us now is the author of this book "we can do mosha." good morning to you. >> good morning. >> steve: great to have you. so the cover of your book says dragon mom, tiger cub. explain that. >> well, there was this story of this woman who pushed her daughter to get into harvard with good grades and therefore, the reference to my mom being a tiger mom sort of, they think she is pushing me. however, it's quite the contrary. they're trying to slow me down. >> gretchen: your parents, you mean, took a different approach. it was you that had this incredible desire to achieve and do well on your own? >> yes, exactly. that's what i'm saying, yes. >> brian: you also talk about parents, advice to parents, be

strict up until 7 and little by little, give kids more and more power to make their own decisions. correct? >> yes, because many people think that since i'm in college i must have skipped out on childhood. but happiness in childhood is all about the care and of loving parents and also creative environment. that's all you need for a happy childhood. >> steve: i know that you don't like the moniker, genius. but there are some tips to help parents help their own children. you say stay focused. for instance, what? >> well, i meant they have to stay concentrated on everything they're trying to achieve because if they get easily distracted, then nothing really you can do to stay on path. always stay focused all the way. >> gretchen: choose an endeavor and put your whole heart into it. follow through with adequate time, planning and effort. don't let school be your only education provider. it sounds like a lot of these tips have a lot to do with being disciplined.

would you agree? >> yes. you have to be very disciplined in order to stay focused because i started off and i actually started reading myself and i sat there on the table, just found myself without anybody really telling me, oh, you need to sit here for an hour and stay there. >> gretchen: it sounds like you were hard wired to be that way. >> exactly, yes. >> steve: what are you going to be when you grow up? >> that's far to see. i'm only 14. there is many doors open and many more will open. i just need to wait and see. there is no hurry to enter. >> gretchen: fascinating story. a knew new book out called "we can do." he says we can all do something great. great to be with you this morning. thanks so much. >> thank you. >> steve: we'll be back in two minutes

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